E. A. Holmes & Co. v. United States Fire Ins.
U.S. Circuit Court for the District of Western Tennessee
On Motion to Remand to State Court. These are' motions to remand to the state court. The facts as presented on the face of these records are as follows: On the 3d of November, 1904, the complainant, Holmes & Co., was a merchant at Durhamville, Lauderdale county, Tenn., and on that day took out a fire insurance policy for $1,000 on its stock of goods with the defendant insurance company.
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On Motion to Remand to State Court. These are' motions to remand to the state court. The facts as presented on the face of these records are as follows: On the 3d of November, 1904, the complainant, Holmes & Co., was a merchant at Durhamville, Lauderdale county, Tenn., and on that day took out a fire insurance policy for $1,000 on its stock of goods with the defendant insurance company. On the 16th day of December, 1904, Holmes & Co. took out an additional fire insurance policy for $1,500 on this same stock of goods with the defendant insurance company. Both policies ran for one year from the…
1Opinion of the CourtMcCALL, District Judge
(after stating the facts). As Mr. Justice Harlan says in McDaniel v. Traylor, 196 U. S. 426, 25 Sup. Ct. 372; 49 L. Ed. 533:
“The question of jurisdiction here presented arises out of facts not to be found in any case brought to our attention or of which we have knowledge.”
The diverse citizenship of the parties is not denied. The jurisdictional question presented is one only as to the amount involved. Did the complainant have the right to bring two separate suits on two separate_ written contracts against the same insurance company, insuring *865them against loss by fire? I think so. If they had…
2Cases cited7 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
- Marshall v. HolmesSupreme Court of the United States · 1891
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Whitcomb v. SmithsonSupreme Court of the United States · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Adler v. SeamanCourt of Appeals for the Eighth Circuit · 1920
- Ex Parte GreenSupreme Court of Alabama · 1930
- National Nut Co. of California v. Susu Nut Co.District Court, N.D. Illinois · 1945
- Bouldin v. TaylorTennessee Supreme Court · 1924
- National Union Fire Ins. v. Chesapeake & O. Ry. Co.District Court, E.D. Kentucky · 1933
5 more not listed; retrieve them via the Exa API.